The Great Debate
To Disclose or Not to Disclose?: Leading FCPA Practitioners Debate the Pros and Cons of a Voluntary Self-Disclosure

Christopher Cestaro
Partner
WilmerHale

Una Dean
Vice President, Assistant General Counsel, Head of Global Investigations
IBM

Daniel Kahn
Partner
Davis, Polk & Wardwell LLP

David A. Last
Partner
Cleary Gottlieb

Laura Perkins
Partner
Cadwalader, Wickersham & Taft LLP
In this interactive session, a panel of former DOJ officials will present a real-world, hypothetical scenario which sets the stage for a debate around whether a voluntary disclosure of corporate misconduct should be made — or not. Audience members will select the winning team using anonymous electronic polling.
- The DOJ’s Voluntary Self-Disclosure Pilot Program and the criteria for obtaining a DPA or NPA
- The grey areas of the “prompt reporting” requirement
- The likelihood and possible extent of cooperation credit
- Potential for disgorgement
- Remediation considerations